Prosecutors asked a federal judge on Wednesday to allow them to get early testimony from former Cuyahoga County engineer's office chief of staff Kevin Payne in the case against Commissioner Jimmy Dimora.

The government says Payne is terminally ill and may not live to testify at Dimora's trial next September. Payne's illness wasn't disclosed and his attorney didn't immediately return a call seeking comment.

Payne has pleaded guilty to bribery conspiracy and is awaiting sentencing. Dimora has pleaded not guilty to bribery.